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Arkansas judge agrees with Board of Corrections, grants preliminary injunction

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Arkansas judge agrees with Board of Corrections, grants preliminary injunction


A judge has sided with the Arkansas Board of Corrections in a lawsuit filed against Gov. Sarah Huckabee Sanders.

Pulaski County Circuit Judge Patricia James heard testimony Thursday from corrections officials about safety in state prisons. She also listened to legal debates over the constitutionality of the way the board is managed.

Last year, Gov. Sarah Huckabee Sanders signed several criminal justice-related laws. These included the “Protect Act” which required violent criminals to serve more of their sentence, and Act 185 which gives the governor more oversight over prison management.

In her ruling Thursday, James sided with the Corrections Board, blocking Act 185 and parts of the Protect Act from going into effect until the lawsuit’s resolution.

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Background

The laws, and current lawsuit, come amid calls for prison expansions from state officials. The Corrections Board approved 400 of the 600 additional prison beds requested by the Department of Corrections earlier in 2023. Shortly after, the governor held a press conference with Attorney General Tim Griffin calling the board’s reluctance to completely fulfill the request “unacceptable.”

Members of the Board of Corrections say conditions at state prisons are not safe enough to justify adding the extra beds. They cite issues with a lack of staff and quality facilities, putting inmates and corrections officers at risk.

Corrections Secretary Joe Profiri attempted to add the beds against the wishes of the Board of Corrections. After this, he was suspended and the current lawsuit was triggered. The lawsuit argues that Amendment 33 of the state constitution protects the board. The amendment regulates the governor’s involvement with boards in the hope of preventing political interference.

Thursday’s hearing

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Traditionally, the board would receive legal representation from the state attorney general, but since they are suing the state, they hired outside council.

In his opening statement, Corrections Board attorney Abtin Mehdizadegan said his opposing counsel was not making arguments “on the merits.” He argued that allowing the governor to have a say over the Board of Corrections could set a dangerous precedent. He said it could, for example, give the governor the ability to appoint employees of public colleges.

He went on to say that the Board of Corrections “did their best” to add new prison beds.

His opening statements were interrupted by a bomb threat which caused the courtroom to be evacuated for several hours. Upon returning to the courtroom, Mehdizadegan said the evacuation was a good example of the importance of prioritizing safety, and that the Board of Corrections merely had the same concerns.

Senior Assistant Attorney General Noah Watson responded by explaining that no one he represents had broken ethical rules.

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Four witnesses testified in Thursday’s hearing. The first was Benny Magness, chairman of the Arkansas Board of Corrections. He said Corrections Secretary Profiri defied the board when he added 70 beds to the gymnasium of a prison in Malvern without permission. Magness called the bed placement “unorthodox” and said the board is required to provide prisoners with “some form of recreation.”

He also said it was irresponsible to add the beds without also adding extra staff.

“You have to put a whole new post together,” he said.

Profiri allegedly told Magness that he added the beds at the governor’s request. He also said the governor had attempted to give Profiri a $40,000 raise. When asked if he approved the raise, Magness responded “absolutely not.”

His comments were echoed by William Byers, a member of the Board of Corrections. Byers also said he “served at the pleasure of the board” and not the governor. Though on cross-examination, attorneys pointed out that the board has final approval on added beds.

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Tommy James, an auditor for the board, testified next. He had previously authored a report detailing how state prisons are overcrowded and lack the right amount of staff.

“An understaffed prison leads to not enough supervision,” he said.

He referenced a recent incident where a man in seclusion at an Arkansas prison died of suicide. The man stayed in his cell for over an hour and a half before someone noticed.

“There were three people that should have been doing a minimum of five jobs,” he said of the prison guards.

During cross-examination, lawyers pointed out James had previously been fired from a corrections oversight job after it was revealed that he helped former inmates with their taxes pro bono.

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In her ruling on the case, James said the Board of Corrections had “met their burdens.” She said the Corrections Secretary Profiri should continue serving “at the pleasure of the Board of Corrections.”

Profiri is currently barred from going back to work. The injunction also bars parts of the Protect Act and Act 185 from going into place.



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A 21-year-old Arkansas man, formerly from Newaygo, died after crashing dirt bike into tree

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A 21-year-old Arkansas man, formerly from Newaygo, died after crashing dirt bike into tree


An Arkansas man died after crashing a dirt bike on Sunday.

The 21-year-old Arkansas man, formerly from Newaygo, crashed into a tree while riding a dirt bike on private property in Ashland Township near Grant on Sunday before 2:30 p.m., according to Michigan State Police (MSP) troopers.

Emergency responders tried to save his life but he died at the scene.

Troopers are still investigating but do not suspect drugs or alcohol as factors in the crash.

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MSP did not initially release any additional information.



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Arkansas softball heading to NCAA Tournament | Seed, opponent, regional info

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Arkansas softball heading to NCAA Tournament | Seed, opponent, regional info


FAYETTEVILLE — Arkansas softball will once again host an NCAA Regional, this time as the No. 5 overall national seed.

The Razorbacks (42-11) will be the top seed in Fayetteville and open the tournament against fourth-seeded Fordham (27-26) at 4:30 p.m. on Friday, May 15.

Washington (36-18) is the two-seed and will face three-seed South Florida (42-15) that same day inside Bogle Park.

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Arkansas is paired with the Durham Regional hosted by Duke (39-14) for a potential super regional. Arizona (35-16), Marshall (37-17) and Howard (28-17) are joining the Blue Devils in the regional.

This is the sixth consecutive season the Razorbacks will host a regional. It is also the program’s eighth straight NCAA Tournament berth under coach Courtney Deifel. Arkansas has reached the NCAA tournament 14 times, and more than half of those appearances have come under Deifel.

Arkansas ended the season No. 1 in the RPI despite finishing seventh in the SEC standings. The Hogs were eliminated by Alabama in the conference tournament quarterfinals.

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Last year, Arkansas lost to SEC rival Ole Miss in the Super Regionals. The Hogs fell one win shy of reaching the Women’s College World Series for the first time in program history. They are hoping to take that elusive next step this summer and book a trip to Oklahoma City in two weeks time.

Jackson Fuller covers Arkansas football, basketball and baseball for the Southwest Times Record, part of the USA TODAY Network. Reach him at jfuller@usatodayco.com or follow him @jacksonfuller16 on X, formerly known as Twitter. 



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Arkansas’ data race | Arkansas Democrat Gazette

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Arkansas’ data race | Arkansas Democrat Gazette


In the race to build data centers across Arkansas, the Google campus at West Memphis has taken the lead. Google is already hiring electrical engineers and facilities technicians.

I spent several days in West Memphis last summer to report on the amazing economic developments in Crittenden County. Those developments include the explosive growth of Southland Casino, a future Buc-ee’s location adjacent to Interstate 40, and a future water park and hotel complex known as Epic Resort. But even though an official announcement had not been made, city and county officials couldn’t help talking off the record about Google.

That announcement came in October when Google officials confirmed that they will spend $4 billion through the end of 2027. At the time, it was the largest private investment announcement in Arkansas history. The biggest previous capital investment was $3 billion spent on the recently completed Big River Steel II plant in south Mississippi County.

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West Memphis Mayor Marco McClendon believes the total investment by Google could wind up being $7 billion to $10 billion. McClendon said the first phase of the campus will employ about 300 people, with thousands working at the site at the peak of construction.

McClendon said property taxes on the site will produce millions of dollars per year for the West Memphis School District.

The project is being built on an 1,100-acre tract and is expected to take between 18 and 24 months to complete. The campus will include data center structures, office buildings, a power substation, and other infrastructure. In partnership with Entergy Corp., Google will cover the costs associated with powering the facilty. Laura Landreaux, president and CEO of Entergy Arkansas, said the project will “stimulate economic growth in northeast Arkansas and across the state.”

“This project is more than just jobs, buildings and technology,” McClendon said. “It’s about the future of our city, opportunity, investment and education.”

Laurel Brown, regional head of data center public affairs at Google, said: “We’re also working together to bring solar energy and battery storage resources online. We’ll integrate innovative load flexibility into our power contract to reduce our usage during times when the grid is constrained.”

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Google plans to invest $25 million to implement energy efficiency initiatives in this part of the Arkansas Delta. McClendon promises that there will be more announcements regarding what he calls a “community development agreement” between Google and the city. The energy efficiency program will focus on home weatherization, efficiency technology, and energy workforce development.

Google also announced that the University of Arkansas and Arkansas State University will be among the first cohort of what’s known as Google AI for Education Accelerators. Students, faculty and staff will be given access at no cost to Google career certificates and AI training classes.

The West Memphis project, however, didn’t stay atop the list of largest announced capital investments for long.

We learned in January that AVAIO Digital Partners of Connecticut will build a $6 billion facility just south of Little Rock. The 760-acre tract is north of 145th Street and west of Wrightsville. AVAIO officials said the cost could grow to more than $21 billion (think of the tax revenue a project that size could bring) if all elements are added. AVAIO officials said the user of the site will hire more than 500 employees during the next five years.

Sydney Sasser wrote in the Arkansas Democrat-Gazette: “The center will be designed to host the computing, networking and data storage technologies (and the power infrastructure) that underpin cloud computing and artificial intelligence applications. … AVAIO plans to lease space in the data center to other data companies.”

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“It’s our intention that this extraordinary site in the Little Rock area will be both a major pole of data center capacity and an engine of sustained economic and technological momentum for Arkansas,” said Mark McComiskey, the AVAIO CEO.

As is the case in West Memphis, Entergy will supply power for the AVAIO campus.

Just two days after the AVAIO announcement, the Democrat-Gazette reported that Google is the company developing a data center at the nearby Port of Little Rock. Google had yet to announce its involvement in the project. Google is also expected to construct a data center at Conway.

A document that was later submitted by Google to the U.S. Army Corps of Engineers said the campus at the Port of Little Rock will consist of five industrial buildings totaling 1.43 million square feet, two office buildings and an electrical substation.

“Google’s center will also contain transmission lines, a sewer lift station and a parking lot,” Lucas Dufalla wrote in the Democrat-Gazette. “Construction will involve filling about 16.8 acres of wetlands. Google plans to purchase wetland mitigation credits as an offset, according to the application.”

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A revised public notice posted by the Corps said the data center at the port will “likely draw more than 100 megawatts of power.”

So we know Google will have at least three data center campuses in Arkansas–at West Memphis, Little Rock, and Conway. What we don’t know is how many billions of dollars Google eventually will invest in the state.

“Google is investing in the next generation of AI innovation in Arkansas and across the country,” said Ruth Porat, the company’s president and chief investment officer. “We see AI and the energy powering it to be the innovations that will define this century. The upside of AI cannot be unlocked without the energy it requires. That’s why Google is building energy capacity that protects affordability for ratepayers and creates jobs that will drive the AI-powered economy.”

Entergy’s Landreaux described the partnership between Google and Entergy as “a turning point for our state.”

In Clarksville, meanwhile, Serverfarm, a data center developer based in Los Angeles, has plans for a 135-acre campus. The project, located north of Interstate 40, could cost $8 billion with six buildings covering 2.16 million square feet. The land was acquired last October. It was then rezoned from rural to industrial use. The project is expected to be built in three phases. It’s not clear how much the first phase will cost.

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Serverfarm is building data center projects around the world. It’s owned by Manulife, the largest insurance company in Canada and one of the 30 largest fund managers in the world.

In southwest Arkansas, the Economic Development Corp. of Clark County voted last month to sell the 991-acre Southwest Arkansas Mega Site south of Arkadelphia to an unnamed buyer for a data center campus. Members of the board were told that the buyer would make a minimum investment of $1 billion.

Shelley Short, CEO of the Arkadelphia Regional Economic Development Alliance, said: “I’m incredibly excited, but we’ll have to be patient.”

The deal, however, quickly fell through. The Southwest Arkansas Mega Site is back on the market.

During last year’s legislative session, lawmakers changed the definition of data center projects that qualify for tax breaks. Act 548 added to the definition of a “qualified investment” to include a “qualified large data center” that can be but isn’t limited to “nonadjacent physical locations that are connected to each other by fiber and associated equipment.”

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Rex Nelson is a senior editor at the Arkansas Democrat-Gazette.



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